2019 (2) TMI 1312 - AT - Service Tax

Tribunal overturns VCES rejection, emphasizes scheme flexibility. Commissioner's error on jurisdiction noted. Rejection deems show cause invalid.

Anisha Deepak Tank Versus CCE & ST, Nashik

Anisha Deepak Tank Versus CCE & ST, Nashik - TMI Issues Involved:1. Rejection of declaration under the voluntary compliance encouragement scheme (VCES) due to payment made before the scheme's implementation.2. Authority of the Commissioner to comment on the jurisdiction of the tribunal after a favorable decision.Issue 1: Rejection of VCES DeclarationThe appellant, engaged in providing services under 'renting of immovable property,' filed a VCES declaration indicating payment of dues on 2.5.2013 before the VCES scheme's implementation on 10.5.2013. Both lower authorities rejected the declaration based on Board's clarification No. 174/9/2013-ST. The Tribunal referred to the decision of the Hon'ble High Court of Gujarat in a similar case and held that the declaration under VCES Scheme needs to be accepted. The High Court emphasized that the declaration could be made for tax dues not paid before 1-3-2013, irrespective of payment date before the scheme's framing. The CBEC clarification on the issue was also considered and set aside by the High Court. Following this judgment, the Tribunal set aside the impugned orders and allowed the appeals.Issue 2: Authority to Comment on Tribunal's JurisdictionA show cause-cum-demand notice was issued to the appellant demanding service tax payment of Rs. 5,10,920/- with interest and penalty, including the amount deposited under VCES scheme before its implementation. The Commissioner rejected the appellant's submission based on the pending appeal before the Tribunal, which was not challenged by the revenue. The Tribunal held that once an issue is decided in favor of the appellant, it cannot be reopened by lower authorities. The Commissioner erred in commenting on the tribunal's jurisdiction without any challenge to the tribunal's order. As the rejection of the declaration under VCES Scheme was the foundation of the dispute, and since the tribunal upheld the declaration, the show cause notice could not stand. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief.This detailed analysis of the judgment highlights the key issues of rejection of VCES declaration and the authority of the Commissioner regarding the tribunal's jurisdiction, providing a comprehensive understanding of the legal implications and decisions made in the case.